# EUR-Lex - 52013PC0307 - EN

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# 52013PC0307

**Proposal for a COUNCIL DECISION on the application of Regulation No 41 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of motor cycles with regard to noise /* COM/2013/0307 final - 2013/0159 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

·
Grounds for and objectives of the proposal

At international level, the United Nations
Economic Commission for Europe (UNECE) develops harmonised requirements, intended
to remove technical barriers to the trade in motor vehicles between the
Contracting Parties to the Agreement of the United Nations Economic Commission
for Europe concerning the adoption of uniform technical prescriptions for wheel
vehicles, equipment and parts which can be fitted to and/or be used on wheel
vehicles and the conditions for reciprocal recognition of approvals granted on
the basis of these prescriptions (‘Revised 1958 Agreement’)[1] and to ensure that such
vehicles offer a high level of health, safety and environmental protection.

Regulation No 41 of the United Nations
Economic Commission for Europe on uniform provisions concerning the approval of
motor cycles with regard to noise[2]
(‘UNECE Regulation No 41’) was recently brought up to the same level of
environmental protection as obtained through Union type-approval legislation,
which now allows the Union to start applying this UNECE Regulation. The objective
of that Regulation is to establish equivalent provisions for sound control of
motorcycles and clarifications to the stationary noise measurement test of such
vehicles.

At EU level, Annex I to Directive
2002/24/EC of the European Parliament and of the Council relating to the
type-approval of two or three-wheel motor vehicles[3], referring to Chapter 9 of Annex
I to Directive 97/24/EC on certain components and characteristics of two or
three-wheel motor vehicles[4],
mandates the type approval for two and three-wheel motor vehicles, according to
measurement procedures and limit values for sound levels as laid down in Annex
I.

Now that Revision 4 of UNECE Regulation No
41 has been established, it is appropriate for the Union to apply said
Regulation.

This Council Decision will authorise the
Commission on behalf of the European Union to notify the application of UNECE Regulation
No 41.

·
General context

Chapter 9 of Annex I to Directive 97/24/EC lays
down the basic requirements for certain components and characteristics of two
or three-wheel motor vehicles with regard to their type approval. It was deemed
necessary to set out the specific sound test procedures and requirements for
such type-approval at EU level.

It is now envisaged for the European Union to
apply UNECE Regulation No 41 in order to have common harmonised requirements at
international level, which will facilitate international trade and which will
replace the existing approval requirements as set-out in Chapter 9 of Annex I
to Directive 97/24/EC. This will enable European companies to follow one set of
requirements recognised worldwide, i.e. in the countries/Contracting Parties to
the Revised 1958 UNECE Agreement.

·
Existing provisions in the area of the
proposal

Chapter 9 of Annex I to Directive 97/24/EC contains
requirements for the type-approval of two and three-wheel motor vehicles
(L-category) with regard to their permissible sound level and exhaust system.

·
Consistency with the other policies and
objectives of the Union

The proposal is in line with the objectives
of Directives 2002/24/EC and 97/24/EC and is therefore consistent with the EU health,
safety and environmental objectives and the objective to make progress towards the
international harmonisation of motorcycle legislation.

Furthermore, the proposal is in line with
Council Decision 97/836/EC with a view to the application by the European
Community of the Revised 1958 Agreement.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

· Consultation of interested parties

In developing the proposal the European Commission has consulted stakeholders and stakeholder organisations. There was a general consultation on the envisaged approach as regards vehicle noise emissions in the framework of the ‘CARS 21’ process gathering Member States, manufacturers (European and national representatives and individual companies), component manufacturers, transport organisations and user representatives. The proposed approach with respect to the application of UNECE Regulation No 41 will also be presented in the Technical Committee – Motor Vehicles (TCMV), as well as in the Motorcycle Working Group meeting. · Impact assessment The application of UNECE Regulation No 41 does not lead to a revision of noise emission limits and/or thresholds, as currently set out in Directive 97/24/EC. Furthermore, the testing methods set out in UNECE Regulation No 41 are equivalent in scope and scientific approach to the ones provided for in Directive 97/24/EC. Therefore, the proposed application process is not expected to have societal, environmental and economic impact for the European Union or the EEA due to the overall equivalence of both the testing methods for noise emissions proposed ,as well as the noise emission limits and thresholds involved. Under the framework of the draft proposal for a Regulation (EU) No .../2012 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles[5], a cost-benefit analysis on noise and tampering in L-cat vehicles (two and three-wheel vehicles) was carried-out[6], which signaled the deterioration of noise emission in L-category vehicles due to tampering. In this respect, UNECE Regulation No 41, apart from its equivalence to EU testing methods and noise emissions limit values, introduces cost-effective anti-tampering elements and measures, thus in full harmony with the on-going legislative initiative for L-cat vehicles.

3.           LEGAL ELEMENTS OF THE PROPOSAL

·
Summary of the proposed action

The proposal will enable the Union to apply UNECE Regulation No 41 on noise emissions from motorcycles and replace the EU
regional testing requirements with world-harmonised test procedures and
requirements.

·
Legal basis

Taking into consideration the the object
and content of the Council Decision, the legal bases are Articles 114(1) and
207(4) TFEU The procedure to be followed for the adoption of the Council Decision
is the one laid down in Article 3(3) of Council Decision 97/836/EC.

·
Subsidiarity principle

Sound requirements are already harmonised
at EU level, but the relevant legislation is outdated and needs updating with
respect to technical progress made since its adoption. The application of
international instruments like equivalent UNECE Regulations and their incorporation
into the EU system for the type-approval of motor vehicles can only be done by
the European Union. This does not only prevent fragmentation of the Internal
Market, but also ensures uniform health, safety and environmental standards
across the Union. It also offers advantages derived from economies of scale:
products can be made for the whole Union market and even for the international
market, instead of being customised to obtain national type-approval for every
single Member State.

The proposal therefore complies with the
subsidiarity principle.

·
Proportionality principle

The proposal complies with the
proportionality principle as it does not go beyond what is necessary in order
to achieve the objectives of ensuring the proper functioning of the Internal
Market while at the same time providing for a high level of public safety and environmental
protection.

·
Choice of instruments

Proposed instrument: Council Decision.

The use of a Council Decision is considered
to be appropriate as in line with the requirements of Article 3(3) of Council
Decision 97/836/EC.

4.           BUDGETARY IMPLICATION

The proposal has no implication for the
Union budget.

5.           OPTIONAL ELEMENTS

·
European Economic Area

The proposed act concerns an EEA matter and
should therefore extend to the European Economic Area.

2013/0159 (NLE)

Proposal for a

COUNCIL DECISION

on the application of Regulation No 41 of
the United Nations Economic Commission for Europe on uniform provisions
concerning the approval of motor cycles with regard to noise

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 114(1) and 207(4)
thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament[7],

Whereas:

(1)          By Council Decision
97/836/EC of 27 November 1997 the Union acceded to the Agreement of the United
Nations Economic Commission for Europe concerning the adoption of uniform
technical prescriptions for wheeled vehicles, equipment and parts which can be
fitted to and/or be used on wheeled vehicles and the conditions for reciprocal
recognition of approvals granted on the basis of these prescriptions (‘Revised
1958 Agreement’)[8].

(2)          The harmonised
requirements of Regulation No 41 of the Economic Commission for Europe of the
United Nations (UN/ECE) — Uniform provisions concerning the approval of motor
cycles with regard to noise[9]
(‘UNECE Regulation No 41’) are intended to remove technical barriers to the
trade in motor vehicles between the Contracting Parties to the Revised 1958
Agreement and to ensure that such vehicles offer a high level of safety and protection.

(3)          Directive 2002/24/EC of
the European Parliament and of the Council of 18 March 2002 relating to the
type-approval of two or three-wheel motor vehicles and repealing Council
Directive 92/61/EEC[10]
and Directive 97/24/EC of the European Parliament and of the Council of 17 June
1997 on certain components and characteristics of two or three-wheel motor
vehicles[11]
and its implementing measures mandate the adoption of permissible sound levels,
exhaust systems and testing procedures of two and three-wheel motor vehicles.

(4)          Chapter 9 of Annex I to
Directive 97/24/EC contains requirements for the type-approval of L-category
vehicles with regard to their permissible sound level and exhaust system.

L-category vehicles is the family name of light
vehicles such as powered cycles, two or three-wheel mopeds, motor cycles with
and without sidecar, tricycles and quadricycles.

(5)          At the date of its
accession to the Revised 1958 Agreement, the Union acceded to a limited number
of UNECE Regulations listed in Annex II to Decision 97/836/EC; UNECE Regulation
No 41 was not included in that list.

(6)          As provided for in Article
3(3) of Decision 97/836/EC, and pursuant to Article 1(7) of the Revised 1958
Agreement, the Union may, decide to apply one, some or all of the UNECE
Regulations to which it has not acceded at the time of its accession to the
Revised 1958 Agreement. The Decision should be adopted by the Council on
receiving the consent of the European Parliament.

(7)          It is now appropriate for
the European Union to apply UNECE Regulation No 41 in order to have common
harmonised requirements at international level, which will facilitate
international trade and which will replace the existing approval requirements
set-out in Chapter 9, Annex I of Directive 97/24/EC. This will enable European
companies to follow one set of requirements recognised worldwide, in particular
in the countries and/or Contracting Parties to the Revised 1958 UNECE Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The European Union shall apply Regulation
No 41 of the United Nations Economic Commission for Europe on uniform
provisions concerning the approval of motor cycles with regard to noise.

Article 2

This Decision shall enter into force on the
day following its publication in the Official Journal of the European Union.

Article 3

This Decision shall be notified by the
Commission to the Secretary–General of the United Nations.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 346, 17.12.1997, p. 78.

[2]               UNECE Documents /TRANS/WP.29/2011/62 and OJ L 317,
14.11.2012, p. 1.

[3]               OJ L 124, 9.5.2002, p. 1.

[4]               OJ L 226, 18.8.1997, p. 1.

[5]               COM(2010) 542 final.

[6]               Report pending revision and adoption by the
Commission.

[7]               Consent of ... .

[8]               OJ L 346, 17.12.1997, p. 78.

[9]               OJ
L 317, 14.11.2012, p. 1.

[10]             OJ L 124, 9.5.2002, p. 1.

[11]             OJ L 226, 18.8.1997, p. 1.